When a group of San Jose City Council members tried to push Mayor Chuck Reed into signing a Mayors for the Freedom to Marry pledge last June, we cried foul. Directing a mayor who does not personally support gay marriage to personally campaign for it would be like the state Legislature ordering Jerry Brown to fight for mandatory retirement at age 65. It would be counter to human nature.

But this week Councilman Ash Kalra found an appropriate way to show support for equal marriage rights on behalf of San Jose, whose voters rejected Proposition 8 in 2008 when it passed statewide. With Councilmen Don Rocha, Kansen Chu and Xavier Campos, Kalra proposed that San Jose join in San Francisco's argument to the United States Supreme Court that the same-sex marriage ban is unconstitutional.

People await the ruling on Prop 8 in front of the Philip Burton federal building in San Francisco, Calif. on Wednesday, Aug. 4, 2010. (Dan Honda/Staff archives)

The motion passed by a surprising 9-1. Newly-seated District 10 Councilman Johnny Khamis did not vote, raising eyebrows when he left the meeting without explanation before the discussion. The lone no vote was Reed. So that would mean -- yes, it's true: Conservative Republican Pete Constant, who supported Proposition 8 and rarely sees eye to eye with Kalra on anything, concurred in the motion.

The reason deserves repeating. Constant's Greek Orthodox faith does not accept same-sex marriage, but -- Mr. Mayor, take note -- Constant said he did not think his beliefs should be imposed on others.

If this were just a matter of church weddings, gay marriage would be a nonissue in the public policy realm. Of course churches can decide whose marriages to bless. Some clergy decline to perform mixed-faith marriages. These are personal matters of religious belief.

Advertisement

But marriage is enshrined in secular law, and it carries with it legal rights and responsibilities that civil unions do not. Lifetime partners still are victimized by inheritance laws and by the lack of legal status as spouses in various situations, including end-of-life ordeals. It's one thing to say people can't be married in a church. It's another to say they don't have a right to be married at all.

The Supreme Court will hear the Proposition 8 challenge next month. If it upholds the ban, then another initiative will be floated. And if state and national polls are anywhere close to accurate, a majority of California voters now will support equal marriage rights. Nine states have legalized same-sex marriage, three of them through ballot measures just passed in November. Increasingly, people are realizing this kind of discrimination is just wrong. Especially young people.

We suspect the Supreme Court will look more closely at legal arguments than sentiment. Still, for those who believe in full equality, it feels good to have San Jose standing up with San Francisco.

Someday gay marriage will be taken for granted, and we will look back and marvel at all the fuss.